Item 7CAGENDA ITEM # 7C
MAY 11.2009
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: First Reading of Ordinance No. 95-09-99 amending Public
Nuisance Control Board.
DATE: May 11, 2009
SUBMITTED BY: Dale Hatfield, Com~~r)i~}--Redevelopment Coordinator
David E. Thompso st. City Manager
BACKGROUND: The purpose of this report is to improve the manner in which drug
and prostitution violations are handled in rental properties. It is not uncommon, in certain
areas, for a person to be arrested in a rental property for drug and or prostitution
violations, and when released, move back into the same property or another property
owned by the same landlord. The landlord's action in this manner facilitates the
continuing drug and prostitution problems in local rental property.
Due to the small amounts of drugs that are sometimes found in rental properties, the State
Attorney's Office is not able to penalize a landlord that facilitates these criminal
activities.
The original ordinance only addressed the drug portion of Florida Statute 893.138.
However, the statute addresses drugs, prostitution, gang activity and dealing in stolen
property.
The proposed changes to this ordinance will help to reduce drug and prostitution
problems along the Mayport Corridor. This will be accomplished by making the owner of
the property aware, and subsequently liable for future problems concerning violations of
drugs, prostitution, dealing in stolen property and gang activity that are repeat violations.
Once the owner is aware of the violations, the owner is obligated to abate these criminal
activities
In 1989, the City of Atlantic Beach established a Public Nuisance Control Board per
Florida Statute 893.138 to address nuisance complaints concerning drugs. The Nuisance
Control Board convened on one occasion in 1990 to address a complaint and never met
again.
Since the Public Nuisance Control Board is no longer active, staff proposes that the Code
Enforcement Board be designated to act as the Nuisance Control Board to hear
complaints under this ordinance. In many other Cities within the State of Florida, the
Code Enforcement Board is designated to act as the Nuisance Control Board as well.
BUDGET: There is no budget for this action.
AGENDA ITEM # 7C
MAY 11, 2009
RECOMMENDATIONS: Amend Ordinance 95-89-40 by changing the language to
include all of the enumerated offenses contained in Florida Statute 893.138; and modify
the applicable City Code such that the members of the Code Enforcement Board shall
also serve as the members of the Public Nuisance Control Board.
ATTACHMENTS:
1. Proposed draft of Ordinance No. 95-09-99 with strikeout and underlined text.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 7C
MAY 11, 2009
ORDINANCE NO. 95-09-99
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS
AND COMMISSIONS, DIVISION 3, NUISANCE CONTROL BOARD,
PROVIDING FOR THE CODE ENFORCEMENT BOARD TO ALSO
CONSTITUTE THE NUISANCE CONTROL BOARD, AMENDING
PUBLIC NUISANCES TO CONFORM WITH FLORIDA STATUTES,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Division 3, Nuisance Control Board, consisting of Sections 2-161 through 2-170,
of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as
follows:
"DIVISION 3. NUISANCE CONTROL BOARD
Sec.2-161. Created.
Pursuant to Florida Statutes Section 893.138, an administrative board to be known as the
"Public Nuisance Control Board" is hereby created. The word "board" when used in this
ordinance shall be construed to mean the said "Public Nuisance Control Board."
(Ord. No. 95-89-40, § 1, 6-12-89)
Sec. 2-162. Membership; r~r
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The members of the Code Enforcement Board shall constitute the members of the Public
Nuisance Control Board.
AGENDA ITEM # 7C
MAY 11, 2009
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Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints re arding certain nuisances as described herein.
Anyplace or premises that has been used: °
On more than two occasions within a 6-month period, as the site of a violation of FSS.
796.07 prostitution;
On more than two occasions within a 6-month period, as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance;
On more than one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been previously used on more
than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of anX
controlled substance under FSS. 893;
By a criminal gang for .the purpose of conductin>; criminal gang activity as defined bX
SS. 874.03: or
On more than two occasions within a 6-month period, as the site of a violation of FSS.
812.019 relating to dealing in stolen property.
may be declared to be a public nuisance, and such nuisance may be abated pursuant to the
procedures provided in this section.
(b) Any employee, officer or resident of the city may bring a complaint before the board
after giving not less than three (3) days' written notice of such complaint to the owner of the
Ordinance No. 95-09-99
AGENDA ITEM # 7C
MAY 11, 2009
place or premises at his last known address. Any such complaint shall be filed with the Code
Enforcement Officer.
(c) The board shall conduct a hearing during which the owner of the premises shall have
an opportunity to present evidence in his defense. After considering any evidence, including
evidence of the general reputation of the place or premises, the board may declare the place or
premises to be a public nuisance as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an
order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3) The conduct, operation or maintenance of any business or activity on the premises
which is conducive to such nuisance. Any such order entered shall expire after one year or at
such earlier time as stated in the order.
Sec. 2-168. Permanent injunctions.
The beard City may bring a complaint under Florida Statutes Section 60.05 seeking a
permanent injunction against any nuisance described herein.
Sec.2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida Statutes
Section 60.05 against any public nuisance."
SECTION 2: This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading the day of May, 2009.
PASSED by the City Commission on second and final reading the day of , 2009.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
JOHN S. MESERVE
Mayor, Presiding Officer
Ordinance No. 95-09-99 3